At least a dozen Democratic state prosecutors have filed a lawsuit this Tuesday against the decree signed by the president of USA, donald trumpto end the granting of birthright American citizenship, claiming that it represents a violation of the Constitution.
The group of state prosecutors has elaborated that this decree would go against what is stated in the 14th Amendment, which states that “every person born or naturalized in the United States (…) is a citizen of the United States and the state in which he or she resides”. Furthermore, they consider that Trump would be exceeding his duties.
“Despite a president’s broad powers to set immigration policy, the Deprivation of Citizenship order falls well outside the legal limits of the president’s authority“says the brief, filed before a federal court in Massachusetts, according to CNN.
Any appeal to a possible ruling of this court must be filed with the United States Court of Appeals for the First Circuitwhere all judges are appointed by Democrats. If the issue becomes entrenched, Trump could resort to Supreme Courtwhere the Republicans have a majority.
However, the highest court of Justice of the United States has ratified on several occasions the right to citizenship by birthwhile Congress also passed — even before the ratification of the 14th Amendment in 1868 — a federal law affirming that those born on American soil have the right to citizenship.
The Democratic Attorney General of New Jersey, Matthew Platkinhas stated that, although the president “has the right to propose a political agenda that he considers appropriate”, when it comes to the right to citizenship by birth “he cannot at the stroke of a pen rewrite the Constitution and subvert the rule of law.”
Trump took office on Monday in Washington and during the early stages of his second term signed a series of executive orders that included reversing dozens of his predecessor’s policies, Joe Bidenmeasures against migration or pardons in favor of those prosecuted for the assault on the Capitol in January 2021.